The Immigration Basement AKA "B-18"

There are a number of reasons why a person may get detained by Immigration and Customs Enforcement (ICE). But a criminal case is the most likely reason you, or your loved one might end up in B-18; but it is not an exhaustive list.

Criminal Charges

When a person without legal documents has a criminal case, it might alert ICE that you are in the Country. This is especially true if you are being charged with a crime that will get you deported, or found inadmissible, like Domestic Violence. Criminal charges will typically alert ICE that you are in the country, or that you are undocumented.

While you are in jail, an ICE officer will start to interview you, and you might end up with an ICE hold. An ICE hold means that you can't be released from criminal jail because ICE thinks that you are undocumented, or that you should be in their custody.

ICE Holds and The Interview

The problem with an ICE hold is that if you get released, you will immediately go to ICE. It will cause problems with your criminal case because you can't appear if ICE decides to keep you detained.

Always remember that you have a RIGHT TO REMAIN SILENT. You don't have to tell anyone where you were born, or what your immigration status is in this country. You can tell them, "I want to cooperate, but I want an attorney present if you're going to be asking me these questions."

   B-18 is also known as the Basement. It is the bottom floor of the Federal Building located on 300 N. Los Angeles, Los Angeles, California. This is where people go to be detained for less than 12-hours. People that end up in B-18 are either released, or deported.

Getting Deported

  If you have ever been caught crossing the boarder, have a prior order to leave the country, or have illegally re-entered the country you WILL MOST LIKELY be deported the minute ICE gets ahold of you. If ICE picks up your loved one you have LESS THAN 3 HOURS to make a move. 

   Only an Immigration Attorney will know the best way to prevent your deportation. Make sure that you find an attorney and take them:

1) Any documents relating to the detained person's United States or Legal Permanent Resident family members like birth certificates, letters of recommendation, or pictures.

2) Any documents that show the person has been in the Country for a while (like taxes, school records.)

3) If the person has a medical condition, or any other thing that would show they need to remain in the United States.

4) $155 dollars for an application for a Stay of Deportation.

You will only have until 2 p.m. to request your family member be given a "Stay of Deportation." After that, an attorney will have to figure out what to do in your case.

War Story About Preventing Deportation

   The best example I have is where one of my client's was ALREADY ON THE BUS to Mexico. I filed a Stay of Deportation showing he had a child, and had been here in the US for over 20 years. But, because he was someone that was already removed, I had to open his case with the 9th Circuit. A Stay of Deportation was enough to stop the Deportation, but not enough to keep him in the U.S. (that's a harder, and longer process that depends on a case by case basis.)

Notice to Appear

Another reason you might end up in B-18 is if you were recently charged with a crime, and have never been removed from the country, or had an order of removal/deportation.

In this case, you are going to B-18 to get served with a Notice to Appear. But, always READ the paperwork, and be careful. Sometimes, they might tell you to sign your own voluntary departure. You have a right to FIGHT your case and ASK TO SEE A JUDGE.

If you committed a serious crime, you will probably get detained, and sent to an immigration detention facility like Adelanto, or Santa Ana. If you committed a minor crime, you will probably get released on your own recognizance, or put on a program where they make you check in every month.

It's always good to take an attorney with you to your appointment if you don't feel comfortable. Also, always remember you have a RIGHT TO REMAIN SILENT.

The "Trust Act," also known as AB 4, was made into effect on January 1, 2014. This is a law which basically states that a person will not be kept longer than they have to in criminal custody, so that ICE can get a hold of the person. The law is supposed to protect people who commits minor crimes, or crimes for which they are not convicted because you are always innocent until proven guilty. It is unfair to send someone to ICE if they did not commit a crime.

Unfortunately, the reality is a bit different. I have had three clients that were arrested by a certain local police agency, and kept "for investigation." One of these men was being held for exhibition, which is kind of like a fancy word for driving WAY too fast. Speedy was supposed to be let out right away, but instead the police officer decided he needed to "teach Speedy a lesson" and put him in "the Tank." The Tank is where police officer's place persons with DUIs, or other things that might require time to calm down.

ICE was notified, and Speedy ended up in B-18.

The moral of the story is that you shouldn't rely on safeguards, you should rely on knowing your rights. 

Right to Remain Silent

You have a right to remain silent. You do not have to tell anyone where you were born. You do not have to tell anyone your immigration status. It is the government's job to prove you're not from the United States. If you tell them everything, you're doing the work for them. You have a better defense if you ask for an attorney, and keep quiet.